BILL NUMBER: AB 29	CHAPTERED  09/08/00

	CHAPTER   345
	FILED WITH SECRETARY OF STATE   SEPTEMBER 8, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 7, 2000
	PASSED THE ASSEMBLY   AUGUST 24, 2000
	PASSED THE SENATE   AUGUST 23, 2000
	AMENDED IN SENATE   AUGUST 18, 2000
	AMENDED IN SENATE   JUNE 27, 2000
	AMENDED IN SENATE   JUNE 20, 2000
	AMENDED IN ASSEMBLY   JANUARY 12, 2000
	AMENDED IN ASSEMBLY   JANUARY 3, 2000
	AMENDED IN ASSEMBLY   MARCH 23, 1999
	AMENDED IN ASSEMBLY   MARCH 11, 1999

INTRODUCED BY   Assembly Member Robert Pacheco
   (Principal coauthor:  Senator Knight)
   (Coauthor:  Assembly Member Zettel)

                        DECEMBER 7, 1998

   An act to amend Sections 48201 and 49079 of the Education Code,
relating to pupils.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 29, Robert Pacheco.  Pupils:  suspension and expulsion.
   (1) Existing law requires the parent, guardian, or other person
having control or charge of any minor between the ages of 6 and 16
years who removes the minor from any city, city and county, or school
district before the completion of the current school term, to enroll
the minor in a public full-time day school of the city, city and
county, or school district to which the minor is removed.
   This bill would require a school district into which a pupil is
transferring to request that the school district in which the pupil
was last enrolled provide any records regarding acts committed by the
transferring pupil that resulted in the pupil's suspension from
school or expulsion from the school district.  The bill would require
the school district into which the pupil is transferring to inform
any teacher of the pupil that the pupil was suspended from school or
expelled from the school district in which the pupil was last
enrolled and the act which resulted in that action.  By requiring a
school district to take these actions, the bill would impose a
state-mandated local program.  The bill would make a school district,
school district officer, and school district employee civilly and
criminally immune for providing information in compliance with this
requirement unless it is proven that the information was false and
that the district or district officer or employee knew or should have
known that the information was false or that the information was
provided with a reckless disregard for its truth or falsity.  The
bill would require that information received by a teacher be received
in confidence and would prohibit the teacher from further
disseminating the information.
   (2) Existing law requires a school district to inform the teacher
of each pupil who has engaged in, or is reasonably suspected to have
engaged in, certain acts for which the pupil may be suspended or
expelled that the pupil engaged in, or is reasonably suspected to
have engaged in, those acts.  Existing law makes a school district,
school district officer, and school district employee civilly and
criminally immune for providing this information unless it is proven
that the information was false and that the district or district
officer or employee knew the information was false or that the
information was provided with a reckless disregard for its truth or
falsity.
   This bill would add sexual harrassment, hate violence, terroristic
threats, and certain acts of harrassment, threats, or intimidation
to those for which a school district is required to provide
information, thereby imposing a state-mandated local program.  This
bill would also exempt a school district, school district officer,
and a school district employee from civil and criminal immunity if
the information was false and the district, officer or employee
should have known that the information provided was false.
  (3) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 48201 of the Education Code is amended to read:

   48201.  (a) Except for pupils exempt from compulsory school
attendance under Section 48231, any parent, guardian, or other person
having control or charge of any minor between the ages of 6 and 16
years who removes the minor from any city, city and county, or school
district before the completion of the current school term, shall
enroll the minor in a public full-time day school of the city, city
and county, or school district to which the minor is removed.
   (b) (1) Upon a pupil's transfer from one school district to
another, the school district into which the pupil is transferring
shall request that the school district in which the pupil was last
enrolled provide any records that the district maintains in its
ordinary course of business or receives from a law enforcement agency
regarding acts committed by the transferring pupil that resulted in
the pupil's suspension from school or expulsion from the school
district.  Upon receipt of this information, the receiving school
district shall inform any teacher of the pupil that the pupil was
suspended from school or expelled from the school district and shall
inform the teacher of the act that resulted in that action.
   (2) A school district, or school district officer or employee, is
not civilly or criminally liable for providing information under this
subdivision unless it is proven that the information was false and
that the district or district officer or employee knew or should have
known that the information was false or the information was provided
with a reckless disregard for its truth or falsity.
   (3) Any information received by a teacher pursuant to this
subdivision shall be received in confidence for the limited purpose
for which it was provided and shall not be further disseminated by
the teacher.
  SEC. 2.  Section 49079 of the Education Code is amended to read:
   49079.  (a) A school district shall inform the teacher of each
pupil who has engaged in, or is reasonably suspected to have engaged
in, any of the acts described in any of the subdivisions, except
subdivision (h), of Section 48900 or in Section 48900.2, 48900.3,
48900.4, or 48900.7 that the pupil engaged in, or is reasonably
suspected to have engaged in, those acts.  The district shall provide
the information to the teacher based upon any records that the
district maintains in its ordinary course of business, or receives
from a law enforcement agency, regarding a pupil described in this
section.
   (b) A school district, or school district officer or employee, is
not civilly or criminally liable for providing information under this
section unless it is proven that the information was false and that
the district or district officer or employee knew or should have
known that the information was false, or the information was provided
with a reckless disregard for its truth or falsity.
   (c) An officer or employee of a school district who knowingly
fails to provide information about a pupil who has engaged in, or who
is reasonably suspected to have engaged in, the acts referred to in
subdivision (a) is guilty of a misdemeanor, which is punishable by
confinement in the county jail for a period not to exceed six months,
or by a fine not to exceed one thousand dollars ($1,000), or both.
   (d) For the 1994-95 school year, the information provided shall be
from the previous two school years.  For the 1996-97 school year and
each school year thereafter, the information provided shall be from
the previous three school years.
   (e) Any information received by a teacher pursuant to this section
shall be received in confidence for the limited purpose for which it
was provided and shall not be further disseminated by the teacher.

  SEC. 3.  Notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
costs mandated by the state, reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code.  If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.
